DDA rejects sidewalk café ordinance

By Cathy Nelson Pricecnprice@mdn.net

Published 7:00 pm, Wednesday, January 13, 2010

Citing a lack of support by the downtown business community, the city’s Downtown Development Authority voted unanimously Wednesday against a proposed ordinance that would have established guidelines for new outdoor cafés on public property.

The decision does not affect existing seasonal sidewalk cafés, which are already regulated.

The ordinance, which evolved from a proposal by former DDA staff more than a year ago, included language to permit café setups on sidewalks, parking lanes and some parking slots. Additional safety frontage and barrier requirements would have occupied other parking slots, which was a concern for the DDA.

“We’re working on the recruitment of retail (business), and there’s already a perception of not enough downtown parking,” said DDA member Rich Pomeroy.

Another problem was the increased safety risk for both vehicular and non-motorized traffic, as well as for pedestrians.

Molly’s Bistro co-owner Brian McFadden spoke in favor of the ordinance during the public hearing, saying that Molly’s has enjoyed success with its outdoor dining facility during the past three years.

“My concern is for sidewalks,” McFadden said, “and the speed of bicyclists on those sidewalks.” He suggested that any guidelines for an expanded outdoor café system include some consideration of pedestrian-only traffic on sidewalks running between Larkin and Main Streets, with cafés.

DDA member Margaret Riecker spoke to another safety factor.

“There are aesthetic and hygiene concerns once you (take dining service) out into the street,” Riecker said.

Financial issues — including increased insurance premiums and the cost of additional city services — were also a factor. City staff estimated that the cost of required safety barriers — purchase, installation and removal — could be upwards of $4,000, and would be borne by whoever applied for the café license.

Finally, the DDA voiced a worry that non-restaurant retailers in the downtown area would lose not only parking, but some visibility from the street.

“I’d like to think we would do this as a gesture, but at the same time, we don’t want to disadvantage other retailers,” said DDA member Mike Hayes.

Midland City Manager Jon Lynch said that his key concern was “the increase of risk … when you put people in traffic lanes designed for cars. Whether or not this is good policy is grounded in what benefit you get from taking on additional risk.”

Lynch pointed to the lack of obvious, broad support and the “question of equity” for all retailers.

“For me, this hasn’t crossed the threshold to accept the risk,” he said.

DDA member Jenny Anderson, publisher of the Daily News, concurred.

“I was in favor (of the ordinance), but compelling issues changed my mind,” she said.

“The concept of outdoor dining is great; the impediment is going into the parking lot,” added DDA member Marty McGuire. “Perhaps this isn’t the solution, but maybe there is one out there.”

The outdoor café initiative will be returned to the DDA’s Economic Sustainability Committee for further study.